Pierce v. Lee
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) Every order granting a new trial shall specify of record the ground or grounds upon which the same is granted. Sec. 801, E. S. 1899. This is a positive Command of the statute.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) Every order granting a new trial shall specify of record the ground or grounds upon which the same is granted. Sec. 801, E. S. 1899. This is a positive Command of the statute. Candee v. Eailroad, 130 Mo. 153; Millar v. Car Co., 130 Mo. 517. It is, and should he, the purpose of the court to endeavor to effectuate the intention of the Legislature as expressed in this' statute, and to say that the trial court did not err in granting a new trial without specifying of record the ground or grounds upon which the same was granted,…
1Opinion of the CourtBurgess, P. J.
This is an action of ejectment for a one-third interest in two acres of land, in the city of Caruthersville. The petition is in the usual form in such cases.
The answer admits the possession of the property, *483but denies all other allegations in the petition. It then alleges that one il. Clay Lewis had leased the said land from Mary Jane Pierce and Newton Pierce for the term of five years from the first day of January, 1897; that said lease contained a clause permitting the assignment of said lease, and a farther clause giving to said H. Clay Lewis or assigns the option of renewing the same for…
2Cases cited2 opinions
- Roe v. Bank of VersaillesSupreme Court of Missouri · 1902
- Stephenson v. PorterSupreme Court of Missouri · 1870
3Cited by4 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- State ex rel. Hartman v. ThomasSupreme Court of Missouri · 1912
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Campbell v. HaydenMissouri Court of Appeals · 1912